Ramaphosa's manipulation of the Constitution for Senzo Mchunu empowers criminal syndicates
Mkhwanazi's now widely reported claims of corruption and capture of law enforcement by a criminal syndicate, which involves drug cartels and the complicity of senior police officials, the judiciary, parliamentarians, and Minister of Police Senzo Mchunu, shook a nation which has become a victim of crime itself to the core.
Ramaphosa stood in front of a nation desperate for reprieve – reprieve from hijackings, violent robberies, grotesque levels of Gender Based Violence and a youth whose recreation has become substance abuse. He stood and failed to seize the moment as we all let out a collective sigh of disappointment.
Mchunu, the minister at the centre of a characterisation of South Africa as modern narco-state was placed on special leave, sent home to continue to draw a salary in peace, while our nation fears the worst and wonders how the criminal underworld which has now been exposed will respond to the brave who have dared to stand up and expose them.
Ramaphosa announced the appointment of Firoz Cachalia as Acting Police Minister, while the taxpayers will pay for Mchunu's vacation and time off to go and consolidate his associates in the syndicates exposed by Lieutenant General Nhlanhla Mkhwanazi. Invoking Section 91 (3) ( c ) of the Constitution of South Africa, Ramaphosa announced the appointment of Cachalia in an interim capacity.
There are critical issues and scrutiny to be raised with this appointment, for which there will be an intermediary appointment of a sitting Cabinet minister who will take up the duties and functions of the Police Minister in accordance with Section 98 of the Constitution of South Africa.
The first is that in a further inexplicable bloating of the Cabinet, all in service of protecting the dignity of Mchunu, South Africa now has four Executive Members in the Ministry of Police. Mchunu remains a Minister of Police who is on an indefinite paid leave at the expense of the taxpayer, while Cachalia will act in his stead. In addition to this, there are two Deputy Ministers of Police, Polly Boshielo and Cassel Mathale.
The second issue is what we can only describe as a manipulative interpretation and application of the Constitution to ensure the necessary loopholes are identified to allow Mchunu to retain his post, while having someone act in his position during a Commission of Inquiry into Law Enforcement.
It is manipulative and possibly in bad spirit because Section 91 (3) ( c) of the Constitution of South Africa allows for the President to appoint two Ministers who are not directly elected Members of Parliament. A clear interpretation of this logically shows that this provision does not apply to the appointment of an Acting Minister who will fulfil the duties and functions of a Minister who, for one reason or another, is unable to do so.
It is important at this stage to remind the nation that Senzo Mchunu is not inhibited from performing his duties due to illness or bereavement – he is unable to execute his duties because he is accused of working with criminals to undermine justice, and he disbanded the Political Killings Task Team without engaging with it or its work.
Alas, it is in Section 98 of the Constitution where the delegation of duties of a minister who is unable to execute their functions (read accused of corruption) lies. It is Section 98 that, in no uncertain terms, stipulates that the President may assign the powers, duties and functions of a minister who can't execute such or is absent to another minister.
Here lies the malicious use of a document hailed around the world as the best of its kind. Firoz Cachalia is not a minister and, therefore, Section 98 cannot apply to him in terms of the assignment of duties and functions of another minister. Cachalia is not appointed, if we are to read the President's official statement as a minister, but as an acting minister. Therefore, if read literally, Section 91 (3) ( c) does not apply to Cachalia's appointment as an Acting Minister of Police.
The President of the Republic is therefore either surrounded by incompetent advisors, legally and otherwise, or he is surrounded by advisors so cunning that they have weaponised our Constitution to enhance ANC patronage and defend the corrupt. The loophole lies in the opportunity, or what Mbazima Shilowa refers to on the social media platform X as the 'neat' route to appoint Cachalia as a minister without any assigned functions and subsequently bestow him the functions of the Minister of Police.
This could manifest itself in an appointment as a Minister in the Presidency for Cachalia, who will then be given the functions of Mchunu while Mchunu sunbathes on the balcony of Vusumuzi 'Cat' Matlala's penthouse or whatever it is that criminally accused ministers do.
Is this unlawful? Absolutely not. Is it a sinister use of presidential prerogative and the Constitution of South Africa? Indisputably.
What could have been a moment of strength for Ramaphosa has turned into a questionable use of the most sacred document of the land. The announcement of a Judicial Commission of Inquiry has had its own responses from a rightfully disillusioned South African public, who have witnessed administration after administration create Commissions of Inquiries whose recommendations they ignore.
Aside from irresponsible jubilation by erstwhile politicians who have turned radio hosts, the only people who were left rejoicing following President Ramaphosa's address are Mchunu, Cat Matlala, Shadrack Sibiya and the cartels who are poisoning our nation using our ports and the province of Gauteng as the headquarters.
It is a sad day for whistleblowers who have seen that even a Police Commissioner cannot neutralise criminals inside and outside the state, and it was yet another step backwards in the fight against corruption.
Sinawo Thambo is the EFF National Spokesperson and a Member of Parliament
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A Call for coherent, inclusive and just reform of the Draft IRP 2023
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It must become a binding national social compact, one that is constitutionally defensible, fiscally sustainable, investor credible, and socially just. South Africa's energy future cannot be defined by Excel models, techno-speak, or political evasion. It must be defined by clarity, commitment, and courage. To ensure institutional memory and implementation continuity beyond political cycles, a permanent Energy Policy Office must be established in the Presidency under Monitoring and Evaluation Ministry to house planning, legal and monitoring experts to sustain IRP execution through successive administrators. Government and all Stakeholders must extensively work the current draft IRP and ensure that it aligns with fiscal capacity, legal mandates, industrial imperatives, and the lived needs of the energy-poor of our country more than it seeks external validation. Anda Bici is an ANC Activist
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'He acted decisively': Ndlozi supports Ramaphosa's decision amid criticism
Opposition parties including the EFF, ActionSA, DA, GOOD Party, ATM and Build One SA have rejected Ramaphosa's decision. The EFF said Ramaphosa should've fired Mchunu instead of placing him on special leave. 'This so-called 'special leave' is a cowardly deflection, designed to shield a corrupt minister whose involvement in organised crime has been laid bare by Mkhwanazi,' EFF spokesperson Sinawo Thambo said. Build One SA leader Mmusi Maimane said the move was not enough. 'We have had enough commissions of inquiry. I believe Mchunu should have been fired and the other ministers who have lied to parliament. This was a missed opportunity,' he said. The DA said it would not allow another commission of inquiry that would take years to yield results. 'These allegations provided the president with an opportunity to show bold and firm leadership,' DA leader John Steenhuisen said. 'Instead, he has again outsourced executive responsibility to a commission and South Africans have grown cynical of talk shops, task teams and commissions which they see as buying time and avoiding accountability. 'The country cannot afford another elaborate filing cabinet of findings that gathers dust while the politically connected escape justice.' Social media users have also expressed disapproval of Ramaphosa's decisions. Here are more reactions from X:
